The Industrial revolution saw a large amount of pollution being dumped into America’s waterways, and treatment plants were either non-existent or a far-cry compared to what they are today. The Cuyahoga River in Cleveland, Ohio was so polluted with toxic sludge that it caught fire, multiple times! The environmental revolution of the 1960s and 70s led to many environmental regulations, as people saw how poorly we were treating our environment and ecosystems. In 1948, the Federal Water Pollution Control Act became the first U.S. law to combat water pollution. This was amended in 1972 to become The Clean Water Act (CWA). The CWA has helped make the nation’s waters safer and cleaner, allowing communities to return to the water for swimming, fishing, and recreation. Environmental laws like the Clean Water Act aren’t going away. They are still needed to continue protecting America’s cherished natural resources for future generations.
The Clean Water Act established the National Pollutant Discharge Elimination System (NPDES). There are a multitude of pollutants that enter America’s waterways, so there are a multitude of permits regulating discharge to those waterways. The NPDES permit we will focus on today, is the Construction Stormwater General Permit (CSGP). This permit allows discharge of stormwater from construction sites, provided that certain treatment practices are installed during construction.

Why is Dirt so Dirty?
Sediment is the largest pollutant in Ohio’s lakes and streams, so the CSGP aims to reduce the amount of sediment-laden water being discharged from construction sites. Excessive sediment in waterways can cause fish kills and disrupt ecosystems. It clouds the water column and makes it hard for aquatic life to breathe and find food. Fertilizers, pesticides, herbicides, and other pollutants also bond with sediment. It turns out that Ma was right all along. Dirt is dirty. So, take your shoes off at the door!

When is the Permit Required?
We are currently in the sixth generation of the CSGP. This Ohio EPA permit (OHC000006) is required for any project that will disturb one or more acres of earth. It is required to discharge stormwater from the construction site when the ground is exposed to the elements and erosion occurs. More information regarding this permit can be found here.
To obtain coverage, the applicant must submit a Notice of Intent (NOI) to the Ohio EPA. Once this permit is received from the EPA, a Stormwater Pollution Prevention Plan and Earth Disturbing Permit (EDP) Application must be submitted to our office for review to ensure sediment and erosion control measures will be installed throughout the project. The EDP application can be found and submitted here. Our urban technicians inspect the site each month to make sure the permit requirements like sediment and erosion control measures are being upheld. When the project is complete and the site is stabilized, a Notice of Termination (NOT) must be filed to close out the permit coverage. These applications can be found in the Ohio EPA eBusiness Center Surface Water Tracking, Reporting, and Electronic Application Management System (STREAMS) here.

Who Is Responsible for Sediment and Erosion Controls?
The contact listed on the CSGP Notice of Intent (NOI) application or the designated SWPPP contact is responsible for upholding permit requirements and maintaining sediment and erosion control measures throughout the duration of the project. Sometimes it’s a building company that does the total site development and the construction. In other cases, there may be a developer who only does the grading, roads, and utilities, but then a builder comes in for the construction later. In this case, the permit coverage needs to be transferred to the builder(s). If there are multiple builders, each builder would need to sign up as a co-permittee to the overall site permit. That way, each builder is aware of their responsibility for individual lot controls to keep sediment contained.
In a situation where each house is a separate builder, and disturbance is less than one acre, the permit is still needed. Ohio EPA refers to this type of project as a Common Plan of Development (as defined in Appendix A of the CGP). This occurs when there is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one common plan. There are two ways permit coverage can be transferred, Co-Permittee coverage and Individual lot coverage.
 
Co-Permittee Coverage
Co-permittees can be added to a permit if there are multiple developers or contractors working on a project that falls under one general permit and there are centralized sediment and erosion controls (controls that address runoff from one or more lots, I.e., a basin or ditches/inlets along roadways not associated with a specific developed lot). A common example of this is a large residential subdivision development with centralized storm control features that has different builders working on different sections/lots throughout the development. Without obtaining the co-permittee coverage for those different contractors, the original overall development permittee (typically developer/SWPPP contact) retains the responsibility of both the centralized sediment and erosion control measures and the individual lot controls. Therefore, adding those entities as co-permittees to the project transfers responsibility of individual lot controls maintenance to the builders/contractors and the developer retains responsibility of the centralized features.

Individual Lot Coverage
If there are no centralized storm control features and the transfer of permit coverage will not prevent or impair the implementation of controls, the original permittee can transfer responsibility to individual lot owners. In this case, the original permittee must temporarily stabilize sold lots, inform the new lot owner of his permit obligations, and ensure that an Individual Lot NOI application is submitted to the Ohio EPA at least seven (7) days prior to the date the new lot owner intends to accept permit responsibility.
 
In both the case of adding co-permittees and obtaining individual lot permit coverage, the lot owner should obtain a copy of the original SWPPP and comply with its requirements. Depending on site topography and location, additional controls above and beyond those outlined for the "typical" lot may be required. The new lot owner may also be partially or completely responsible for amending the SWPPP and installing those controls.

For more information please contact Warren SWCD at 513.695.1337

In 1948, the Federal Water Pollution Control Act became the first U.S. law to combat water pollution. This act laid groundwork for the establishment of a cornerstone amendment- the Clean Water Act of 1972 (33 U.S.C. §1251 et seq 1972). This reorganization and expansion of the original act required every state to adopt water quality standards to protect, maintain, and improve the quality of the nation's surface waters.  The Clean Water Act requires a permit for any discharges from a point source into navigable waters. National Pollutant Discharge Elimination System (NPDES) Permits outline limits on the type and allowable amounts of certain constituents, monitoring requirements, and/or best management practices to mitigate water pollution. Limits and practices are put in place to protect water quality, aquatic life, and public health. The purpose of NPDES permitting is to help provide specific guidance for the overarching goals from the CWA.
 
Types of NPDES Permits:

• Individual 
• General 
• Pretreatment 
• Stormwater
• Biosolids 
• Concentrated Animal Feeding Operations

Municipal Separate Storm Sewer System (MS4) Stormwater NPDES Permit
 
An MS4 is owned by a state, city, town, village, or other public entity designed to collect or convey stormwater (e.g., storm drains, pipes, ditches) and discharge to waters of the U.S. These systems are not a combined sewer overflow system (like in Cincinnati, Columbus, Toledo, etc.), a part of a sewage treatment plant, nor a publicly owned treatment works (POTW). In contrast, stormwater runoff is transported through MS4s, and then discharged, untreated, into local water bodies. To prevent harmful pollutants from entering MS4s and natural waterways, these entities must obtain an NPDES permit and develop stormwater management programs (SWMPs).
 
The 1990 Phase I regulation requires medium and large cities or certain counties with populations of 100,000 or more to obtain NPDES permit coverage for their stormwater discharges. A local example of a Phase I community is Dayton, Ohio. The 1999 Phase II regulation requires small MS4s located fully or partially in urban areas with a population of at least 50,000 and MS4s designated by the permitting authority to obtain NPDES permit coverage for their stormwater discharges. Warren County and several contracted municipalities within the county (i.e., Mason, Deerfield, Lebanon) are regulated under Phase II of the permit.
 
Industrial Stormwater NPDES Permit
 
There are 11 categories of regulated industrial activities that include heavy, manufacturing, coal and mineral mining, hazardous waste treatment, metal scrap yards, transportation facilities, landfills, treatment works, and more. The complete list of facilities and activities subject to industrial stormwater regulations and additional information can be found here.

Oil and Gas Linear Transmission Stormwater
 
Certain oil and gas facilities and activities must have CWA section 402 permit coverage to discharge stormwater. Examples include improvements to public roads, conventional petro-refineries, ethanol plants, natural gas utility, commercially/privately owned hotels/RV parks/campgrounds, etc. More information and a more comprehensive list of non-exempt activities can be found here.
 
Ohio did not renew its Oil and Gas Linear Transmission Line permit (OHCG00001) which expired on September 16, 2023. Projects that obtained coverage under the now expired permit shall adhere to the conditions of the permit until the project is eligible to submit a Notice of Termination (NOT). Construction activities which cause a violation of Ohio’s water quality standards may lose exception from NPDES permitting.
 
NPDES Construction General Permit (GCP)
 
Construction activity is considered a point source discharge because specific locations where activity is happening can be identified. This contrasts with non-point source pollutants, which are wide-spread, diffuse sources of pollution across landscapes, so a single point cannot be easily identified. As previously mentioned, federal laws were put into place to prohibit point-source pollutants without an NPDES permit. An NPDES Construction General Permit (CGP) is required for any project that is going to be disturbing one acre or more of land or part of a common plan of development that will ultimately end up disturbing one acre or more. In Warren County, these projects also require an Earth Disturbing Permit (EDP). 

Earth Disturbing Permit in Warren County
 
In Warren County, prior to submitting the Notice of Intent (NOI) for the NPDES permit to the Ohio EPA, you must also apply for an EDP, which requires a complete Stormwater Pollution Prevention Plan (SWPPP) review and approval, submission of any necessary stormwater calculations, construction drawings, and the EDP application. This submission page and additional information for specific processes within different municipalities in the counties can be found here.
 
Our urban program specialists at Warren County SWCD are happy to answer any additional questions you may have regarding permit coverage requirement and the NPDES and EDP application process. You can give our office a call at 513-695-1337.
 
Additional Resources
 
US EPA NPDES Stormwater Program
US EPA NPDES Technical Resources
Earth Disturbing in Warren County
Ohio EPA MS4 Permit (OHQ000004)
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I’m just clearing. Do I need a permit?
 
The answer is likely yes! In Warren County, an Earth Disturbing Permit (EDP) is required for any project expected to disturb a total area of an acre or more of land. Removing trees with the entire root ball results in land disturbance and exposed soil.
 
Clearing involves the cutting and removal of trees, brush, and other above ground material while grubbing is the removal of roots, stumps, and other material below the existing grade. Regarding an EDP, it does not matter whether the vegetation was naturally occurring or intentionally planted.
 
If you think of this in terms of one tree, it might not seem like a huge concern, but when you think of this type of tree clearing on a large scale (i.e. an acre or more of tree clearing), it can lead to quite a bit of disturbed soil and potential for sediment-laden discharges from the site during rainfall events.
 
Are there any other restrictions for clearing?
 
Yes, depending on when and where you are developing.
 
Tree clearing must not occur between April 1st and September 30th without first coordinating with the Ohio Department of Natural Resources- Division of Wildlife (ODNR-DOW) and the U.S. Fish and Wildlife Service- Ohio Field Office (USFWS-OHFO).
 
Native bat species roost and raise their young in trees all throughout Ohio during this time each year. Unfortunately, all bats in the state are experiencing population decline and have become protected by law in some way. The U.S. Endangered Species Act of 1973 is periodically updated to protect endangered and threatened flora and fauna across the country. Federally endangered species in Ohio include the Indiana Bat (Myotis sodalist) and Northern Long-Eared Bat (Myotis septentrionalis). If your project calls for tree-clearing activities during this five-month window, the ODNR and USFWS will recommend surveys be conducted to determine if the proposed area will negatively impact the bats. If there are no hibernaculum or bats identified during the survey, it may be safe to proceed with tree clearing.

For earth disturbing activities immediately adjacent to surface waters of the state, the Ohio Environmental Protection Agency (OEPA) requires that, if feasible, a 50-foot buffer on either side of the ordinary high-water mark must remain undisturbed. Trees and brush along a water bodies’ edge provides significant stream bank stabilization. If a natural buffer cannot be maintained, land must be temporarily stabilized within two days of the most recent disturbance (if the area will remain idle for more than 14 days) and permanently stabilized within two days of reaching final grade.
 
Whenever possible, we strongly recommend preserving trees during land development as they prevent erosion, reduce runoff rates, and increase property value. For guidance on tree and natural area preservation, refer to Chapter 7.3 of the Ohio Rainwater and Land Development Manual.
 
Additional Resources
USEPA Preserving Natural or Existing Vegetation Fact Sheet
Ohio Rainwater and Land Development Manual
Ohio EPA NPDES General Construction Permit (OHC000006)